REGULAR MEETING DICKINSON CITY COMMISSION JUNE 2, 2020 I.

REGULAR MEETING
DICKINSON CITY COMMISSION
JUNE 2, 2020
I.CALL TO ORDER
President Scott Decker called the meeting to order at 4:30 PM.
II.ROLL CALL
Present were: President Scott Decker, Vice President Jason Fridrich, Commissioners Nikki Wolla, Carson Steiner and Sarah Trustem.
Telephone:None
Absent:None
1.ORDER OF BUSINESS
MOTION BY: Jason Fridrich SECONDED BY: Sarah Trustem
To approve the June 2, 2020 Order of Business as presented with the removal of Dunn County Fair Association Gaming Site Authorization.
DISPOSITION: Motion carried unanimously.
2.CONSENT AGENDA
MOTION BY: Jason Fridrich SECONDED BY: Carson Steiner
A. Approval of Accounts Payable, Commerce Bank and Checkbook
B. Approval of Legacy 7 LLC Tobacco License
C. Approval of Gaming Site for Dunn County Fair Association; Dickinson Eagles Club, American Legion Matthew Brew Post #3 and Esquire Club
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
3. ADMINISTRATION/FINANCE
Board of Equalization Final Action
1. Action to Accept Full City Valuation
City Assessor Joe Hirschfeld states the language was not quite clear enough in accepting allvalues as presented. Assessor Hirschfeld states the intent was pretty clear but Stark County Tax Director is asking for one motion to calumniate the actions that were taken on May 19, 2020.
MOTION BY: Jason Fridrich SECONDED BY: Carson Steiner
To approve of action to Accept Full City Valuation.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
2. Letter of Support
City Assessor Joe Hirschfeld has drafted a letter for the Commissioners consideration to present to the County and State Board of Equalization in support of the City's True and Full Valuation. City Assessor Hirschfeld states there were two question outside of tolerance and did you present a tolerance value to your commission. Another question is why the Commission went outside of the tolerance range. City Assessor Hirschfeld states this letter will answer those questions.
MOTION BY: Carson Steiner SECONDED BY: Sarah Trustem
To approve the Letter of Support for the State and County Board of Equalization.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
B. 1st on 1st Permits
Deputy City Administrator Linda Carlson states this is a different situation this year and normal the City handles 1st on 1st Permits in house. Administrator Carlson states staff is asking the Commission for their thoughts of holding the 1st on 1st events. Ms. Carlson states last Friday the Governor of ND did increase the capacity to 75% up to 500 people. She states these events start in the middle of June.
Commissioner Carson Steiner states to move forward with the events with his approval. He states if people do not feel comfortable with social distancing they should stay home. He states people that attend know of the risk.
Commissioner Sarah Trustem says 1st on 1st should take a look at the governors smart restart under large groups allowed such as festival. Commissioner Sarah Trustem agrees with Commissioner Steiner in that the people are willing to take the risk knowing there could possibly be a potential outbreak. She feels the Commission should approve the 1st on 1st events to happen with guidelines as directed by the State of ND. She states people need to be accountable.
President Scott Decker feels the community needs to roll with large groups like this as no one knows what is going to happen. There are other issues where there is no social distancing happening. He is in hopes that there will not be an outbreak. He is also in favor of the events.
Commissioner Jason Fridrich feels the same as other Commissioners as moving forward with the events.
MOTION BY: Carson Steiner SECONDED BY: Jason Fridrich
To approve the moving forward with the permits.
DISPOSITION: Roll call vote…Aye 5, Nay 0, Absent 0
Motion declared duly passed
C. Reports:
1. Update 2020 Revenues
Deputy City Administrator Linda Carlson updates the Commissioner on the sales tax which has a look back period of 2 months. Therefore, the numbers presented are from March, 2020. Administrator Carlson states the 1% sales tax is down by $37,000 as compared to last year; ½ cent is down by $18,000; Hospitably tax is down by $28,889; Occupancy tax is running low but down by $3,836. The oil impact has dropped by $328,278 but still ahead by $91,000. She states June will be actual two month that we will need to look at to reforecast for 2020 and to be used for projects in 2021. She is hoping to have the budget meeting at the end of the month of June.
2. Senior Citizens Grants
Deputy City Administrator Linda Carlson presents the 2020 Senior Citizen Grant applications which are provided for informational purposes only.
3. SW Regional Grants
Deputy City Administrator Linda Carlson presents the 2020 SW Regional Grantapplications which are provided for informational purposes only.
4.PUBLIC SAFETY
A. Fire Department
1. None
B. Police Department
1. None
5.ENGINEERING
A. Increase on Public Bid Threshold
Assistant City Engineer Loretta Marshik presents an ordinance that would increase the bidding threshold for capital infrastructure improvements from $100,000 up to $200,000. Recently the state of North Dakota has increased this bidding threshold to $200,000. She states by increasingthis threshold it is the city's intent that time and advertising money can be saved on the bidding process, while keeping local contractors involved in city infrastructure projects. As part of the ordinance, city staff will make efforts to three quotes whenever possible.
MOTION BY: Carson Steiner SECONDED BY: Sarah Trustem
To approve first reading of Ordinance No. 1693.
ORDINANCE NO. 1693
AN ORDINANCE AMENDING AND RE-ENACTING ARTICLE 2.28.060 OF THE CITY CODE OF THE CITY OF DICKINSON, NORTH DAKOTA, RELATING TO THE PUBLIC IMPROVEMENT BIDDING THRESHOLD
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
B. Annual Oversize/Overweight Load Permit Agreement - Fisher Industries
Assistant City Engineer Loretta Marshik states due to the location of Fisher Industries main equipment yard to the Interstate and the nature of their business, they are one of our largest permit applicants for oversized loads. She states many of the permits are required for them to get from their equipment yard to the interstate. These permits are unable to be auto approved though the Load pass system due to their variability; therefore, an annual permit agreement has been put together that includes; an annual fee based on past usage, limitations on load weight, who can be permitted under this annual permit, the route it covers (Energy Drive to I-94 East Business Loop to the I-94 Interstate Exit 64, both directions), as well as some additional caveats. Ms. Marshik along with city engineering staff recommends approval of the agreement.
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
To approve the Annual Oversized Load Permit Agreement with Fisher Industries.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
C. Sidewalk Program Bid
Assistant City Engineer Loretta Marshik presents bids for the 2020 Annual City of Dickinson Sidewalk Program were opened May 21, 2020. Winn Construction, Inc. was the only bidder, having the bid amount of $255,797.00. The itemized bid amounts changed very little from the 2019 low bid. Concrete items increase by cents per unit with remaining items staying the same. This implements our mechanism to allow citizens to make improvements to sidewalks, curbs and/or driveways, which are within the street right-of-way, through a voluntary SID process.
Assistant City Engineer Marshik along with the city engineering staff recommends approval.
MOTION BY: Sarah Trustem SECONDED BY: Jason Fridrich
To approve the Sidewalk Program Bid from Winn Construction, Inc.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
6.PUBLIC WORKS
A. ND Waste Water Pumping Station Service Agreement
Public Works Director Gary Zuroff presents an agreement to perform maintenance on 16 lift stations that have a total of 34 pumps in the City of Dickinson Wastewater Collections System. The maintenance is performed annually to assure continuous pumping operation. The other remaining lift stations are newer and maintained by the Wastewater Collections Staff. Public Works Director Zuroff along with the Utilities Department staff recommends the approval of the agreement with ND Sewage Pump & Lift Station Company, Inc. to perform maintenance on 16 lift stations in Dickinson, ND.
MOTION BY: Jason Fridrich SECONDED BY: Carson Steiner
To approve the ND Waste Water Pumping Station Service Agreement
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
7. PLANNING
A. Public Hearing - Rezoning Petition - SW ¼ of Section 8, T139N, R96W, NE1/4
Planning Director Walter Hadley presents for a second reading an ordinance to consider a zone change from Agriculture to Rural Residential for approximately 46 acres located in the SW1/4, Section 8, Township 139 North, Range 96 West, and NE ¼, Section 17, Township 139 North, Range 96 West along 8th Street SW in the City of Dickinson ETZ, Stark County, ND. This item was heard under a public hearing by the Planning Commission at their meeting on May 14, 2020 and by the City Commission under a public hearing with no comment at the May 19, 2020 meeting.
MOTION BY: Jason Fridrich SECONDED BY: Carson Steiner
To approve second reading and final passage of Ordinance No. 1692.
ORDINANCE NO. 1692
AN ORDINANCE AMENDING THE DISTRICT ZONING MAP FOR REZONING AND RECLASSIFYING DESIGNATED LOTS, BLOCKS OR TRACTS OF LAND WITHIN THE CITY LIMITS, CITY OF DICKINSON, NORTH DAKOTA.
DISPOSITION:Roll call vote…Aye 5, Nay 0, Absent 0Motion declared duly passed
8. BUILDING
A. Reports:
1. None
9. PUBLIC HEARING AND PUBLIC COMMENTS NOT ON AGENDA - 5:00 P.M.
Public Input Session
1. Odyssey Theater
Deputy City Administrator Linda Carlson presents Odyssey Theater Site. She states in 2018, the City sold part of the parking lot across from City Hall to Odyssey Theater for the purpose to construct a new theater. For a variety of reasons, the theater construction has not yet started. The original sales agreement included a contingency that allows the City to buy-back the property at 90% of the sale price if construction has not started within 18 months. That date has passed. Earlier this year construction fence was placed around the site, as well as adjacent parking lots and sidewalks. This has caused some parking concerns that many citizens have shared with staff and Commissioners. As discussed at the last meeting, with current economic conditions, the theater construction is being delayed. The likely start is anticipated in 2021. Odyssey has requested that the buy-back option be extended until August 2021. Citizens are requesting the fences come down and the parking lot be re-opened. For the parking lots to fully open, the only option is for the City to re-gain ownership. A public input session has been set for June 2nd. After the input has been heard, the Commission will face a decision based on the following options:
1.Extend the buy-back option until August 2021 but mandate the fencing around the City owned portion of the parking lot be removed immediately and re-opened for parking. The amount of spaces this will create is expected to be minimal.
2.Exercise the buy-back option at this time and re-purchase the property for $90,000. The entire lot could be returned to parking and if the Commission desires, further discussion related to site development options could be held in the future.
Odyssey owner Bryan Sieve states that they purchased the lot 1 ½ years ago and a title problem came up with the post office over a small 19x12 foot piece of property. This issue of the small portion of land took 8 months to resolve. He states through the winter Odyssey made great progress to finalize the plans, work with city staff and basically put this on the agenda for first out start. Odyssey then went through the Renaissance zone application and then covid 19 hit. This took the movie theater business to none by March 20th. Covid basically destroyed the industry. He states with that kind of uncertainty it was not prudent to start the project. Mr. Sieve put project on hold. He states his lenders asked Odyssey to stop until we had certainty as well and to delay the project until such time as the industry stabilizes. All these things create uncertainty. Respect that decision as well and business is still not open. Mr. Sieve states they are losing large amounts of money every day that we are closed. As it looks they will probably will not be open until mid-summer. Mr. Sieve states Odyssey went through a number of events and are still committed to the projects and lender is committed but asking us to wait. Obviously shutting down the parking in mid-March and had MDU do utility work. He states the if they do not do the project downtown people will hate Odyssey and bring strife and Odyssey will respect the Commission's decision. He states if the City wants us to go forward with project as they have paid preconstruction work. Mr. Sieve states Odyssey has ¼ million dollars already invested.
Commissioner Sarah Trustem thanks Mr. Sieve for the explanation. The community was very excited for this potential project and now uncertainty. Commissioner Trustem asks if Odyssey is committed to Dickinson if project is not downtown.
Mr. Sieve state they will leave the market and will not continue with Dickinson. The cost of trying to find replacement land would not be feasible. We have had projects in other places and people almost gave us the land. He states if Odyssey has to go out and source another parcel of land it is very expensive to do. They have done these studies and are not feasible. We have been operators since 2011 and do projects pretty quick but in this instances this has been very challenging. It is very difficult to do. Financially we are a strong company. Whether we will weather the Covid yes we will. We have one in Aberdeen, SD and Wisconsin. All those projects kind of same holding pattern.
Commissioner Sarah Trustem visits about market feasibility and we have another theater in our community and talking about expansion.
Mr. Bryan Sieve states competition is good. Mr. Sieve does compete in other towns with multiple theaters. Mr. Sieve presents option I presented until we get going stabilization and open parking lot for $1 and remove the buyback.
President Scott Decker opens the public comment section at 5:17 p.m.
Mr. Doug Pasiczynk from the Dickinson Eagles Club states this has been going over this for almost 2 years. Mr. Pasiczynk thanks the Commissioners for the opportunity to speak at the Commission Meeting. He states he is pro Dickinson and for expansion and building. He does not feel this is property should not have a theater as this will affect small businesses in town. Dickinson Eagles has been here since 1939 which is 81 years and there has always been a parking lot as we do not have our own parking lot. The Eagles club has had the benefit from neighbors sharing parking lot. He states if the theater comes in they will lock off their parking lots. The Eagles are non-profit and mission is people helping people. The Eagles hosts benefits, fund raisers and many of these attendees park in parking lot and now having issues parking. There are only 3 venues in town to host wedding. If we go back to January 1, 2016 eagles has donated $2.7 million to charities in town and surrounding areas. If we lose the parking lot will definitely hurt the business. Trustees and he feel this parking lot should go back to a lot downtown.
Mr. Neal Messer is speaking on behalf of the business owners and tenants of west river office and condo building - Woolworth building. In 2018 brought up number of concerns for this project being in this location. The City could have been without a movie theater, there was a chance we would been without a theater. That has now changed. Mr. Messer supported Odyssey for them to open here but not the parking lot. This proposal eliminated 75-85 downtown parking spaces. Usage rate of less than 40% so we can afford to lose 75-85 spots. This part had 85% usage and almost full every day. Conflict business on Sims to walk to some businesses. There has been some tenuous tension conversations with people from the post office. Mr. Messer questions where do we move forward from here. He is pro-business and what we can promote downtown Dickinson to move forward. He states Odyssey has had a 3 year window on this deal with this theater. He wishes he would have a 3 year lookback on every day he has. I think that lot needs to be parking. He states the valuation of lot sale has to be re-determined. It is not a $100,000 dollar lot. This sale was written to be a movie theater then he was not successful. The motion of the city at that point was differ. Valuation has to be readdressed in your potential sale. Favor to go back to parking lot.
Shannon Galster from Dickinson Dental Center states right now with that fence out to see what parking problems are down here. He states if you go into Federal and State agency they are not allowing people yet. He states the City is not seeing any affect once those agencies when you push snow to the side in winter that will cause a lot of parking issue. He states the side of the streets in the winter were used for snow dumps and people used the parking lot. When the study was done, yes, there were some people came by our office, asked if parking problems when we were asked. Dickinson Dental was not told this lot was going to be shut down. The survey people asked if the parking is tight but okay. He has been told by patients as soon as this comes up they are leaving as they cannot walk. There is no loading zones, parking zone and handicapped are not enforced downtown. Some empty spots in parking lot are used by handicapped, etc.
Mark Grove whom is the President of Prairie Hills Mall and owner of Griffin Theaters states the history of Odyssey whom was the Carmike Theater in the mall. Odyssey came to the mall in 2012. Bryan asked the mall to build a new building. Gone round and round with Bryan to building a new building and he has refused. Mr. Grove granted them to change in lease to keep 3 year option. He states why the mall would entertain in another location when that theater has been there for 40 years. He states that he and his wife did the upgrade in the theater. In the same time frame Odyssey got a sweet deal with the college. Tenant construction abatement of $65,000 dollars. The college was to get 10% rent per month and it was deducted from rent. I would like to have the opportunity as such as Bryan has had. Mr. Grove states they will to be hurting and splitting revenues if this is allowed. This is a good location. Mr. Grove has no problems if they build.
Tracy Tooz of Tooz Construction and a DDA board member. Tooz Construction did bid this project and his contract with Bryan was more than $65,000. Original intent was to grow it. When it first came out all people did not know the knowledge of the parking lot, etc. Once the theater is built 42 lots will be brought back. Most of parking lot will be used in the evening. Mr. Tooz states the intent was to bring business downtown. He feels the City should stick with original plan of this project. He states the City sits here as business people and open for business. Let them build it. He questions what is it going to cost the City or is it going to go back to the city and not generate sales. Mr. Tooz states the DDA does support the movie theater.
Mary Grove of Griffin theaters states Odyssey has a $ 65,000 mark eluded to be the college contract. Ms. Grove feels Odyssey has extended their time here and if they want to build elsewhere in Dickinson. She stated competition is good. No matter what we are a local family and support Dickinson. Good times and bad we will be here. She feels Odyssey has been given so many opportunities for downtown. There is no place to park. Ms. Grove states they purchase from downtown store owners and difficult to get parking down here. She doesn't know anyone that has been coddled as much as Odyssey. If they want to purchase land somewhere else let it happen.
Max Marsh from Esquire states he has worked with DDA and worked with 1st on 1st and we are trying to build a better downtown and I do not see anything to have a parking lot. Need more businesses downtown.
Mr. Bryan Sieve states it is extremely poor taste that my competitor airs dirty laundry here. Competition is good and they have no problem competing with them. Movie theaters have been a downtown stable for over 100 years. The theater would operate on hours that downtown people do not. Mr. Sieve feels they will bring 2400 people downtown on the weekend. If Odyssey thought this was going to be a problem and it was determined that this would work. He does believe that a movie theater here is going to cause daytime parking is not just true.
Commissioner Sarah Trustem suggests an extension through end of August of next year what are next steps.
Mr. Sieve states they are ready to sign MDU contract for power lines. He states they are not stopping and hoping industry will stabilize in June or August and at that point Tooz will be coming in. They will not get into interior in the winter and push those off until spring time and finish next summer.
Commissioner Jason Fridrich states if we grant for this extension and building permit is ready to go. Will you be picking up that permit?
Mr. Bryan Sieve states if he has to gamble on the permit until our economy gets better. The permit is not paid for at this time.
Deputy City Administrator Linda Carlson goes over the permit procedures. She states the building permit for Odyssey is printed and ready to go. Commercial plan review and fire has been complied. She states $1,366 work done. If you would take off the wac and energy sewer connection, the total would be $25,872. The original total building permit was $41,375 and that has not been paid. Past practices if a permit is applied for and work has been done and then the permit not picked up either connection fees are taken off either paid for by person whom applied and assessed on property. A good faith needs to be practiced.
Mr. Tracy Tooz states that permit because Covid was applied in late February and it was not ready to pick up until April 16th and there are still review comments left out on permit and not answered by different city dept. contractor we would not pick that up until comments are completed.
Commissioner Carson Steiner stated when the original vote was taken he voted against this. He did not want it to go right there. Gary Reddick reviewed entire downtown. This lot the only thing he had for that was city hall with parking underneath. Going horizontal like this here does not work. He states people's minds have been changed about parking downtown. Let a footprint down there not get it back. There is no room for a theater in this area. Commissioner Steiner states moving out of town does not show the respect to the city of Dickinson and the City has given Mr. Sieve and Odyssey much respect over the years.
Commissioner Jason Fridrich states when American decided to build downtown we didn't have public hearing. Parking lots does not make money. He states we will take this to a $4 million dollar building that will generate money.
Neal Messer states there are several of our leases require access parking. With the fencing going up and parking issue Mr. Messer received a note last week that I have 14 days to resolve the issue of parking otherwise terminate lease. Their regional government agency. He states this government agency has 21 employees and take them to a relocate of facility. Mr. Messer is trying to resolve parking issue to get this resolve. The agenda does have 3 years left on their lease.
Commissioner Jason Fridrich does understand Mr. Sieve. He states no one saw this virus coming but it happened. Commissioner Fridrich is invested in this community and he sees if someone comes to Dickinson to bring economic development to develop the downtown why would the City not take that. He does not think they are making up the story about holding upon the construction as Mr. Fridrich does understand this. This is what the Commission and citizens want for Dickinson is job creation, economic dev, etc. If this project was on hold for 8 months to deal with post office Commissioner Fridrich would be upset and say they are probably not going to do it but they have had lot of hoops to jump through so I don't think this extension is a lot to ask for.
Commissioner Nikki Wolla states it is a hard decision but yet parking has always been an issue and if they are going to go through that brings a lot to downtown.
Commissioner Sarah Trustem appreciate everyone's time tonight. She states this is enlightening to hear concerns. She states the City recently removed the tolerance level for property taxes. She feels there is an opportunity here with significant investment maybe we offer our own proposal. She suggests moving an extension to August 31, 2020 or later this fall to give Odyssey some time to show some ownership to this community and if don't fall within this time and revisit conversation. She feels this is a hard decision. She wouldn't be opposed to give them a few more months and re-evaluation in a few months.
President Scott Decker states Step 1 is if we are going to approve an extension would be the building permit. That is a very significant sign that you are going to commit to this community. If Odyssey wants to move the purchase and if new commission they can sit down and decide if we do give extension August, 2020 to move forward or to shrink it to their foot print. Possibly sit down with staff and legal and maybe extend it to August, 2020.
Building Official Leonard Schwindt states if any fees paid with the City of Dickinson, once generated that is due. Once building permit is issued the payment is due. If the building permit is not paid for it is assessed to the properties.
City Attorney Christina Wenko states past practice would dictate what the City would assess properties. The City could have authority to modify policy if chose to do that and would have discretion to do that if you wanted to.
Building Official Leonard Schwindt states if they picked up permit it would be good for building season but a contractor can request an extension. The building permit is good for one year from date that was generated.
Commissioner Jason Fridrich would like for Odyssey to pull back fences off city priority would questions if this would affect MDU ability to work.
Tracy Tooz states MDU has requested alleyway and consolidated Midco and communication companies have asked from curb to curb. If Tooz Constructions pull back the fence we would be good with MDU but rest curb to curb.
Bryan Sieve states temporary construction easement in negotiation. He states it is not Odysseys intention to keep this locked down. Mr. Sieve will work with Mr. Messer until we can get this show on the road in this unprecedented time. He states Odyssey will get parking for folks as fast as we can. We have issues with fiber optic and this will happen later this summer though.
City Attorney Christina Wenko states if the city were a decision to extend and not waiving the right to repurchase. She states striking the waiving right to repurchase if you give the extension. She states to be mindful of this if Commissioners decide to move forward to extend. In reviewing agreement it is vague identifies construction, Odyssey negotiate some of these terms and define what that means to give city more assurance that exact parameters are met. She states a hole in ground, MDU, also get engineer Kubas in conversation too as City Engineer to see what construction means.
Commissioner Carson Steiner feels the need to move off the ball here. He would like to make a Motion to repurpose the property back. He states if this not pass there are a lot of other ideas to table until two weeks and come up with a new requirements for these individuals.
President Scott Decker closes the public hearing at 6:20 p.m.
MOTION BY: Carson Steiner SECONDED BY: Sarah Trustem
To approve the repurchase of the property and allow for resale.
DISPOSITION:Roll call vote…Aye 3, Nay 2 (Fridrich, Wolla), Absent 0 Motion declared duly passed
City Attorney Christina Wenko will start the process of repurchasing the property.
2. State Avenue Striping
Highlands Engineering Andrew Schrank presents diagrams of State Avenue Road Diet Striping. He states Highlands Engineer has been working with the City for preliminary plans for this road diet. Engineer Schrank states there would be a reduction from four lanes to three lanes and to add a center turning lane. This would be on State Avenue from overpass to 8th Street and back. Mr. Schrank states the benefit of this diet would be to reduce speeds. This would become a safer route and be able to see traffic better. This would be for traffic calming. This could have up to a 5 mph reduction or up to 7%. There would be a buffer between lanes and would allow for a little more time and room to make decisions on this road. He states this would take away the ability to pass. Overall Mr. Shrank states this would be a more efficient use of the road and could be a minimal cost to the City. He states it would not be recommended to have bike lanes on this truck route.
Commissioner Sarah Trustem is concerned about the agriculture grain trucks that utilize this road. She is concerned about the congestion.
Commissioner Carson Steiner states the City has had many near misses and have had direct hits and deaths. He feels this is a better idea of going to the safety route on this road and error on the side of safety. He feels this would be okay as long as Ag is not an issue.
Assistant City Engineer Loretta Marshik states there is a history of discussion on how to handle the excessive speed and some of the accidents that have happened on this route. Making this route safer is best for the community.
President Scott Decker opens the public hearing at 6:30 p.m. Hearing no public comment the hearing was closed at 6:33 p.m.
Commissioner Sarah Trustem states she had placed out to the public a question of whether to change this from a four lane to a three lane and she states there were a few comments but nothing that would make an agreement of why they should leave a four lane. Ms. Trustem states the City hires professional to do the work and at this point she feels the City Commission should follow recommendations from the Engineering Department and Highlands.
MOTION BY: Sarah Trustem SECONDED BY: Carson Steiner
To approve the State Avenue and 8th Street road diet as presented.
DISPOSITION:Roll call vote…Aye 4, Nay 1 (Decker), Absent 0Motion declared duly passed
Public Comments not on Agenda
None a time.
10. COMMISSION
Commissioner Jason Fridrich states in regards to the Odyssey Theater that he is very disappointed in the Commissioners decision this evening. He thinks the City has missed a golden opportunity to develop downtown. Unfortunately the City has given a signal to not open for business and we would have parking lot instead of $4.5 million dollar building. Commissioner Jason Fridrich is flabbergasted. He is probusiness and it baffles him why the City would not grant someone an extension for another 6 to 8 months. He respects everyone's decisions but does not understand why the vote and it is very disappointing. He thinks the decision was made as the City thinks they need a parking lot.
President Scott Decker feels there is no reason why the land cannot go back up for sale and repurchase it.
Commissioner Jason Fridrich states Commissioner Trustem put out a recommendation and that didn't have any appeal. He feels it was a possibility and could look at this.
President Scott Decker states the park across from the Brickhouse needs to go up for sale. President Decker is tired of being misled by a lot of developers and that the City has bent over backwards for developers and to help them move forward. He states if Odyssey would have been honest with us but doesn't feel we can even get the honesty.
Commissioner Jason Fridrich states that Mr. Sieve is pretty sincere. He states the City put the nail in the coffin and he does not feel Odyssey will be coming back and why should they. If everyone knew the City was going to sell the lot for another development he feels the tone would have changed.
ADJOURNMENT
MOTION BY: Jason Fridrich SECONDED BY: Nikki Wolla
Adjournment of the meeting at approximately 6:45 P.M.
DISPOSITION: Roll call vote… Aye 5, Nay 0, Absent 0
Motion declared duly passed.
OFFICIAL MINUTES PREPARED BY:
Rita Binstock, Assistant to City Administrator
APPROVED BY:
Linda Carlson, Deputy City Administrator
Scott Decker, President
Board of City Commissioners
Date: June 16, 2020(June 10, 2020)2843339